Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 609 Treaty rights in Wisconsin Six Ojibwe bands in Wisconsin exercise treaty rights in Wisconsin Ceded Territories as a result of the LCO ruling, and two of GLIFWC’s member bands exercise commercial fishing rights in the Wisconsin waters of Lake Superior under the precedent of the Gurnoe decision. All treaty harvests are closely monitored through tribal regulatory systems. The Lake Superior treaty fishery in Wisconsin The Lake Superior treaty commercial fish- ery in Wisconsin targets whitefish, lake trout and herring. The fishery has long been important to the bands both for income and subsistence. The Red Cliff and Bad River Bands exer- cise treaty fishing rights in Lake Superior under 10-year agreements with the State of Wisconsin which regulate the treaty commercial fishery. These agreements were negotiated after a 1972 Wisconsin Supreme Court decision, known as the Gurnoe decision, affirmed the reservation- based rights as provided in the Treaty of 1854. The present agreement determines harvest quotas within specified fishing zones. It also establishes a number of effort and gear require- ments and requires an exchange of biological in- formation between the bands and the state. Tribal regulations implementing the agree- ment impose these requirements on tribal mem- bers for both commercial and subsistence fish- ing. These regulations are enforced by tribal and GLIFWC wardens into tribal courts. Exercising treaty rights in Wisconsin under LCO Under the LCO case, the tribes first exercised theirrightsunderaseriesof“interimagreements” negotiated with the Wisconsin Department of Natural Resources (WDNR) while the case was pending in federal court. Now, the tribes exer- cise their rights under the system of tribal self- regulation and cooperative management that the federal court ultimately approved. From the 1983 Seventh Circuit ruling affirm- ing the treaty rights until the 1991 final judgment in LCO, the tribes, through the Voigt Intertribal Task Force (VITF), and the State of Wisconsin, through the WDNR, negotiated over 40 interim season agreements. These agreements covered the harvest of fish, deer, small game, migra- tory birds, bear and wild rice in the Wisconsin 1837 and 1842 Ceded Territories (except Lake Superior). They established guidelines for each off-reservation season that the tribes enacted into tribal conservation codes. The first interim season agreement provi- ded for deer hunting in the fall of 1983. Although the tribes harvested only around 700 deer during the first season, this initial tribal harvest under the LCO decision engendered public controversy and misunderstanding surrounding the treaty rights. The first spring spearing interim agreement was reached in 1985. Spring spearing, when tribal members are required to use designated boat landings, quickly became the focal point for public protest. Red Cliff commercial fisherman Eric Peterson brings in Gichigami adikameg (Lake Superior white- fish) aboard his fishing tug. His family has been in the commercial fishing business for generations.